Burger King on Tuesday confirmed plans to acquire Ontario-based Tim Hortons for about $11 billion—creating a new company to be based in Canada with combined sales of $23 billion. Berkshire Hathaway Chairman and CEO Warren Buffett is helping to fund the deal by committing $3 billion of preferred equity financing. The news release on the deal did not disclose the terms for Berkshire, which is only a financing source and will not have any participation in the management and operation of the business.
Burger King, Warren Buffett under fire for Canadian inversion deal (LA Times)
Burger King's overall effective tax rate in 2013 was 27.5%, according to its annual report. Tim Hortons' effective tax rate for the same year was 26.8%. "We don’t expect there to be meaningful tax savings, nor do we expect there to be a meaningful change in our tax rate," Burger King Chief Executive Daniel Schwartz told reporters on a conference call. [...] Buffett said Tuesday that it made sense for the combined company's headquarters to be in Canada. “Tim Hortons earns more money than Burger King does,” he said told the Financial Times. “I just don’t know how the Canadians would feel about Tim Hortons moving to Florida. The main thing here is to make the Canadians happy.”
Buffett’s Berkshire to pay $896,000 over reporting violation charges (Fortune)
This story was just breaking when I included a short brief about it in last week's news briefs. Here's a better story about it.
Berkshire Hathaway has agreed to pay a $896,000 civil penalty in order to settle charges that it failed to give federal regulators advance notice before significantly increasing its stake in Chicago-based drywall maker USG last year. [...] The regulators said that Berkshire violated pre-merger reporting laws in December when it failed to provide advance notice before it exchanged $243.8 million of USG convertible notes for 21.39 million common shares, increasing Berkshire’s stake in USG to roughly 28% from about 15%. [...] What’s more, the FTC says the alleged violation came just a few months after Berkshire produced a similar violation when it increased its stake in financial services company Symetra Financial. The FTC chose not to punish Berkshire for that alleged violation, with the commission instead deciding to take Buffett’s firm on its word that it would comply with the Hart-Scott-Rodino Act’s filing requirements going forward.
Squeezed by consumers' focus on fresh foods, Heinz revamps frozen meals (Pittsburgh Tribune-Review)
Known primarily as a maker of ketchup and condiments, Heinz is a major player in the $50 billion frozen food industry, with brands such as Ore-Ida potatoes, Bagel Bites, Weight Watchers Smart Ones, T.G.I. Friday's and Nancy's. But the industry has lately experienced a slump in sales, as consumers give frozen fare a cold shoulder and increasingly choose fresh foods they perceive as healthier. That's put more pressure on Heinz and others in the industry to revamp products.
Heinz recalls four batches of infant food in China (Reuters)
Ketchup maker H.J. Heinz Co has recalled some infant food in eastern China after it was found to contain lead in excess of the allowable limit, the company said on Monday. The move by Heinz comes after food safety regulators in eastern Zhejiang province said on Friday that they had found "excessive amounts of lead" in the company's AD Calcium Hi-Protein Cereal. [...] "This relates to an isolated regional withdrawal in eastern China," company spokesman Michael Mullen said in e-mailed comments to Reuters. "Extensive testing confirmed that no other Heinz baby food varieties are affected."
Rise of discount retailers hits Heinz's Irish business (Irish Independent)
The Irish arm of food giant Heinz has blamed the increasing impact of discount retailers here for contributing to a 8.4% drop in its Irish business last year. [...] The principal activity of the firm is the manufacture of frozen food products for Heinz's manufacturing supply chain hub. The directors also state that revenues were impacted by "the meat integrity issues that received prominent media coverage in the first half of the current period". Part of the firm's business is to sell, market and distribute Heinz products in the Irish market and according to the directors "while in overall market terms the company's core categories have declined consistent with the softness in the Irish grocery trade, the company has grown relative market share".
Berkshire's Probable Q3 Strategy For Chicago Bridge & Iron (Seeking Alpha)
Chicago Bridge & Iron has become a battleground stock in the last several months, following a short thesis issued by Prescience Point in mid-June, which has resulted in declining share prices, including questions about the quality of CBI's accounting statements. It appears the market was and continues to hold Berkshire Hathaway as the final arbiter for this conflict, as CBI's largest shareholder, and the most recent data indicates Berkshire continues to see value in the company. [...] According to the [13F] filing, Berkshire's position increased by about 12 percent, to 9.89 percent of CBI equity during the second quarter. Bloomberg also reported on August 21st that, according to a report to state insurance regulators, Berkshire bought those shares acquired during the second quarter "at an average price of $70.34 over a stretch that ended June 20." This appears to indicate that Berkshire acquired these new shares immediately following the initial decline that followed the Prescience Point report.
China's BYD shares slide 9 pct in Hong Kong after H1 earnings drop (Reuters)
Berkshire Hathaway owns 10% of BYD.
Shares of BYD Co Ltd were set to open 8.7 percent lower in Hong Kong on Monday after it posted a drop in first-half net profit as sluggish sales of gasoline cars offset a surge in its electric vehicle business. [...] BYD saw its first half net profit fell 15.5 percent to 360.7 million yuan ($58.64 million) from 426.9 million yuan a year earlier, dragged down by a 27 percent fall in vehicle sales volume.
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